Minutes Zoning Bd Adj 4 25 02 MINUTES
ZONING BOARD OF ADJUSTMENT
REGULAR SESSION
Thursday, April 25, 2002
4:00 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT:
ABSENT:
Board Members Randy Klauer, Jim Urell, and Fred Beeler; Staff
Members Guy Hemenway and Wally Wemimont.
Chairperson Mike Ruden and Board Member Bill Gasper.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the Iowa Open Meetings Law.
CALL TO ORDER: The meeting was called to at 4:10 p.m.
Vice Chairperson Urell announced there were only three board members present, and that
any approval requires three positive votes from the Board.. He told those in attendance
that they may table their request until the next regular meeting if they chose.
DOCKET 018-02: Application of Lynn & Marilyn Michels for a conditional use permit for
property located at 990 White Street to allow a 22-space auto sales lot in a C-4 Downtown
Commercial zoning district.
Board Members chose to hear both dockets #18-02 and #19-02 variance requests for Lynn
and Marilyn Michels simultaneously.
Lynn Michels presented his application. Mr. Michels said he would like to reconflgure his
auto sales lot to permit six display spaces to be positioned in the center of the lot adjacent
to White Street. Staff provided the Board with the proposed layout and the previously
approved layout for the car lot. Mr. Michels stated that there would be the same amount of
display vehicles on the lot, but that the layout would be redesigned.
Staff Member Hemenway presented the staff report, noting the previously approved
conditional use permit. He stated that a new conditional use permit is necessary because
the applicant is modifying the original site plan. He noted the location of the display area
and allocation of the remaining green space on the premises. Board Members discussed
the reconfigured layout and felt that additional green space could be created on the first
parking space at the southwest corner of the lot.
Motion by Klauer, seconded by Beeler, to approve the conditional use permit with the
condition that the display area be limited to 21 spaces and that the space on the site
Minutes - Zoning Board of Adjustment
April 25, 2002
Page 2
diagram on the southwest corner of the lot be converted to green space (10' x 20'). Motion
was approved by the following vote: Aye - Klauer, Beeler and Urell; Nay - None.
DOCKET 019-02: Application of Lynn & Marilyn Michels for a variance for property
located at 990 White Street to pave a 1,450 square foot vehicle display area leaving
11.3% permeable area, 20% required, in a C-4 Downtown Commercial zoning district.
Board Members felt that additional green space should be added at the southwest corner
of the lot, which would require removal of one 10' by 20' parking space. They said this
change would reduce the amount of display area from 22 to 21 vehicles. Board members
felt that storm water runoff from this site would not affect adjacent private property.
Motion by Klauer, seconded by Beeler, to approve the variance with the condition that the
display area be limited to 21 spaces and that the space on the site diagram on the
southwest corner of the lot be converted to green space (10' by 20% Motion was approved
by the following vote: Aye - Klauer, Beeler and Urell; Nay - None.
DOC KET 020-02: This docket was withdrawn by the applicant prior to publication.
DOCKET 021-02: Application of Karen & Adam Ohnesorge for a special exception for
property located at 1705 Key Way Drive to build a 6 foot tall fence, 2 feet from the front
property line (Pennsylvania Avenue); and to enclose a carport, 3 feet from the front
property line (Pennsylvania Avenue), 20 feet required, in an R-1 Single-Family Residential
zoning district.
Adam Ohnesorge spoke in favor of his request. He said he wanted to enclose an existing
carport and erect a privacy fence. Mr. Ohnesorge approached the table and explained the
site diagram to the Board. Staff Member Wernimont explained the request, stating that the
fence will be two feet from the front property line and will not be located in the visibility
triangle. The Board discussed the request and felt that it would have little impact on'public
safety or the adjacent residential properties.
Motion by Klauer, seconded by Beeler, to approve the special exception request as
submitted. Motion was approved by the following vote: Aye - Klauer, Beeler and Urell;
Nay- None.
DOCKET 022-02: Application of Jay Ambama Inc. for a variance for property located at
2670 Dodge Street to display two 67 % square foot temporary banners, 32 square foot
maximum permitted, for 180 days, 30 days maximum permitted, In a C-3 General
Commercial zoning district.
Sonny Pateo, representing Jam Ambama, Inc., asked the Board to table his application to
the next regular meeting.
Minutes - Zoning Board of Adjustment
April 25, 2002
Page 3
Motion by Klauer, seconded by Beeler, to table the variance request. Motion was
approved by the following vote: Aye - Klauer, Beeler and Urell; Nay - None.
DOCKET 023-02: Application of U.S. Cellular/Dean "Moe" Dolphin for a variance for
properly located at 3160 Cedar Cross Court to erect a 275 foot tower, where 150 feet is
allowed, and allow setbacks of 162 feet from the east side property line and 232 feet from
the north side property line, where 275 feet is required in a LI Light Industrial zoning
district.
The applicant submitted a request to table the variance application to the next regular
meeting.
Motion by Klauer, Seconded by Beeler, to table the variance request. Motion was
approved by the following vote: Aye - Klauer, Beeler and Urell; Nay - None.
DOCKET 024-02: Application of Vickie Miene for a special exception for property located
at 672 Clarke Drive to build a deck/porch 5 feet from the front property line, 20 feet
required, in an R-2 Two-Family Residential zoning district.
Vickie Miene stated that she wanted to build a 12' by 21' deck/porch. She stated that the
reason she called it a deck and porch is that it would have a small 3' overhang along the
length of the porch. She approached the table and discussed the site layout and deck
structure with the Board. Staff Member Wemimont stated that the motion should include
approval of the 3' overhang. Board Members discussed the proposed deck and porch
project, and felt it would have limited impact on adjacent residential properties and public
safety.
Motion by Klauer, seconded by Beeler, to approve the application with the provision to
permit a 3' overhang along the porch length. Motion was approved by the following vote:
Aye - Klauer, Beeler and Urell; Nay - None.
DOCKET 016-02: Application of Lamar Advertising appealing staffs interpretation
regarding on-premise signage at 245 W. 1st Street.
The applicant submitted a letter prior to the meeting requesting the Board table the request
to the next regular meeting.
Motion by Klauer, seconded by Beeler, to table the variance request. Motion was
approved by the following vote: Aye - Klauer, Beeler and Uretl; Nay - None.
DOCKET 017-02: Application of Lamar Advertising appealing staff's interpretation
regarding on-premise signage at 1745 John F. Kennedy Road.
The applicant submitted a letter prior to the meeting asking the Board to table the request
to the next regular meeting.
Minutes- Zoning Board of Adjustment
April25,2002
Page 4
Motion by Klauer, seconded by Beeler, to table the variance request. Motion was
approved by the following vote: Aye - Klauer, Beeler and Urell; Nay - None.
MINUTES & NOTICES OF DECISION: The minutes of the March 28, 2002 meeting and
Notices of Decision for Dockets 010-02, 011-02, 012-02, 013-02, and 014-02 were
approved unanimously as submitted.
ADJOURNMENT: The meeting adjourned at 5:00 p.m.
Respectfully submitted,
Guy Hemenway, Assistant Planner
Adopted